The Sun. — London, England, 1826-12-06 00:00:00

patiently expect the arrival of the Royalists. The 15th and 16th regiments of Infimtry, which occupy the northern provinces, have declared for the Royal cauce." The military organization of these rebels, confirms us in the view which we have before taken of the conduct of Spain towards Portugal, and induces in us the most serious apprehensions, that much bloodshed will shortly ensue m that country. The Quotidienne has a long article on the probable policy of the French Ministry, the neutrality of whiCh is doubted, and a strong hope expressed that Monar chical opinions will triumph once more. A French frigate has been stranded in proceeding from Rochfort to Cadiz, on the Tete des Anes. The great length to which the debate in the House of Commons extended last night, prevents our offering many observations upon it. Mr. Alderman WAITII MAN brought forward his long promised motion, rela tive to Joint Stock Companies and the conduct of their Directors, and after a speech, which, while it con tained too general and sweeping a condemnation of all Companies formed on this principle, certainly made out a case justifying inquiry into the conduct of the Directors of the Arigna Company, and, perhaps, some others, the Worthy Alderman concluded by moving that " A Select Committee be appointed to inquire into the origin, management, and present state of the Joint Stock Companies which_were formed during the years 1824, 1825, and 1826, and to report the same to the House, with any special matter touching th e conduct of a ny M em b er of this Honourable House." This sweeping and extensive motion was opposed by Mr. CANNING, not with any desire to obstruct the object in view, but rather to promote its attainment, by rendering the proposed inquiry practicable. The Right Ho)). Gentleman fully admitted that a sufficient Parliamentary case had been made out for one specific inquiry —to that inquiry he gave his consent, and to that case he wished it to be confined, not, however, precluding further investigation should other cases be subsequently established. The Right Hon. Secretary, with the felicity of language which so pre-eminently distinguishes him, observed " that if the purpose of the Hon. Alderman were practical good, he seemed disposed to launch on so wide an ocean, that even if he ever arrived at the end of his voyage of discovery, it would be prolonged to such a distant date as to deprive the result of its most material advantages. hie, (Mr. CANNING) was desirous to steer for one point in the first instance, and afterwards, if it were found expedient, to proceed in quest of new adventures." The Right Honourable Gentleman filially moved an amendment for the ap pointment of a Select Committee of twenty-three Members to enquire into the conduct of the Arigna Comp any . BROGDEN warmly pleaded • for early inquiry, and a long discussion ensued, in which criminations and recriminations were largely dealt in as applied to the conduct of other Hon. Members who were connected • with Joint Stock Companies ; but the unanimous feeling of the House was in favour of Mr. CANNING'S amendment, which was adopted without. a dissentient voice ; and with the expression, from men of all parties, of approbation of the c o nd uc t o f hi s MAJasvit's Ministers in meeting the question thus fairly, and in a manner likely to effect the object i view. We received last night New York Papers to the 1 7th ult., which were brought to Liverpool by the Canada. They contain no news of interest relative t° the United States. A meeting of the woollen / nanufacturers at Boston, took place on the 7th tilt., for the purp ose o f p e titi on i ng C ongress t o i ncrease t h e duty on the importation of woollen articles to 50 per Cent, ad valorem. ~The intelli gence f rom C o l om bi a i s more i mportant. vve subjoin some extracts relative to the state of "'fairs in that country and at Caraccas, from which It would appear that a termination of the existing dis putes is likely to take place. The leadir.g men in Caraccas have d ec l are d th e i r i n t en ti on i n support i ng 1)41 :z, to be the hastening of a general convention for th e Purpose of promoting a federal form of Government: . (From the New York Advertiser of Nov. 14.) .0 0 tanzeta.—W e have received, from our Correspondent a, C arthagena, a Colombian •Gazette, dated Sept. 29. We have been favoured by a friend with a duplicate of the same, accom panied With a private letter, explanatory of its contents. There is every appearance of the dissensions of the Republic be ing brought to a speedy and amicable termination, On the 28th 8 9tember, a Meeting was h e ld at Carthagena, by the heads of 'ne bepartment, who sailed in the Military and Naval Officers, 4 " the most influential Citizens, to devise measures for the pre servation of the public peace, which, as the letter hefore us statet, was endangered by the discontent of the soldiery, at the frequent t i luce, not of th e i r p ay a l one , b ut o f t h e i r rat i ons f or several days 11 ` time. Th e Mi n i ster of F i nance had made such large and re- . ruiki drafts on t h e t h en Officers, that they had driven the troops great privations. The result of the meeting was, that they . s Placed the supreme power in the hands of Bolivar, for the pur l's° of having a change made in the manner of administration. 15 A letter has j us t b een rece i ve d i n t hi s c i ty f rom L a G uayrs , dated ct ' 17 th, and a Carac ca s Pap er o f th e 4 t h. I t i s now s t a ted, that tuba de Aild apprehensions of a war, o r an y f ur th er di ffi culties, have that the influence of Bolivar with the people is pars- Zipunt—and that recent diesensime will be amicably adjusted. The Liberator is said to be on his way, information having been r,eceived from him. Pees reached Caraccas on the 28th of Sep kmtber, from . a tour ; and ever thing WB9 tranquil. * G". 11 1" °"' t changes , and for the better, have taken place. The leaders and prom oters of the faction ate, by their recent acts, convinced that the eopl are not to be ruled, or even urged into civil War, a n d ,1, so absolute as in the first instin.7.. th e ir d evotion to than is not At the meeting of she people, call ed by vanity led them to suppose. it Was r u m) ! ilvyo;)rtdoerdof Gen. Paaz, upon his arrival at Caraccas, raised for defince, or other purposes (fioft deputatio nvtiltiul eas ;poaf.ttehhrediee to ; t h at a c f the forces th e most respeetable men of Cameras, Bogota, humbly to represent the wishes be f a lo t rt, place things a near as possible as they stood ere this I t ' s ' nate event took place. All this has beet,' Bette ; and the n e °r quenee is, confidence is about to be. restored. We certainly°tn.olen-- l ider the affair entirely et an end, so far as ,cnneerns the Power of the general government over this district. Bolivar is absolute in the hea rts o f t h e people. We have certain acco un t s of his being int his way, and, from whet has taken place in affairs, and the Vest intimacy that subsists between General Pars and Madam e N , ivel., some of the wise ones augur , nay, assert, as a f act t Paez and Bolivar have a perfect understanding—but that byesacrifices are to be made— names are men ti one d, & c . U pon We are silent, congratulating ourselves upon the happy tenni 'Winn of this affair." I.4TtST 1 , &011 COLo9lBll.—Ni 7 c have the Colombian() to the 4 th ult. Owing to the actual state of affairs there, the corn ::',nnieations between the various departments was broken up. .1 4 mail from Bogota was entirely interrupted. The British ;"ekhents, through Sir Robert Kerr Porter, 'complained to Ge.- - t ! t ..° l Paez, who admits the justness of the complaint, but says ;11, things are inevitable in political convulsions. He promises t h e uLil e f f orts to remedy the evil. The annexed extracts are from ' - olmnbiano of the 4th • tilbAinong all the minor inconveniences resulting from the pruent 4 . Ted, state of affairs, we know of none more to - be regretted, Mal Pi interruption of our communications with Bogota. No • s t a l :_ n aVe arrived from that capital during the last two months, 4 01 7 of thing alike injurious both to public and private inte- Qt-vas _ This circumstance, together with the failure in the arri rour European Journals at la Guayra, will be our excuse he public, for the dullness of our columns. . 44 Eactileacy Gomel Pau arrived in this city, 04 tilt 28th ult., froth a tour through the Provinces of the Apure. General Pedro Priseho Mendez, our late Minister at the Panama Congres3, arrived the day previous, from Bogota. We have given in another column, from the Sierra Leone Gazette Extraordinary of the 9th of October, an account of the battle fought with the Ashantee Army on th e pl a i ns o f A ccra , on t h e 7th of August, which terminated in their complete defeat, by our troops and the Native Allies, under the command of Lieutenant-Colonel PURDON. We are enabled to subjoin the following extract of a private letter, which furnishes some additional inte resting particulars : On our arrival the other day off Cape Coast, I was highly gratified to find that a battle had been fought between our allied forces, consisting of about eleven thousand men, and those of the Ashantee King, of at least fifteen thousand, carrying muskets, besides a number with cutlasses, small swords, and knives ; asul that the result was, a decided victory on our part. The battle was fought on the plains of Accra, about twenty-five miles from that place, and close to a croom or village, called Doodoowah, on the 7th of last month, and lasted from half-past nine in the morn ing until two in the afternoon. Our forces were commanded by Colonel Purdon,' of the African Corps, who had with him only seventy or eighty men of that regiment, with four field-pieces and some Congreve rockets, which certainly did considerable execu tion. The fact was, that Blachey did the business, and they did it well. A Chief on one aide, Cudge Chibboe, another, Bynie, and a third, called Qualm Amanque, did wonders; the latter poor fellow was struggling with, and had wounded, the Ashantee King, and must, in a few moments more, have had him, when he was shot dead ! The King (as is cnstomary) is carried in a bas ket, and was clearly seen to be encouraging his troops, and, at one time of the. day, our centre, on which the attack was first made, was very hard pressed indeed. This part of our line was composed of the militia of Cape Coast, Anitnaboo, British, Da nish, and Dutch Aecras, and did wonders ; and they were most nobly led on and bravely commanded by Messrs. Hutchinson, Jackson, Hanson, and Richter, merchants, whose cool courage and example certainly deserve the highest commendations. It was the centre alone that the Ashantee King seemed determined to take, as he knew some of the merchants—Mr. Hutchinson snore particularly. This was about one o'clock, and the num bers increasing, the centre fell back on Colonel Purdon's guns and rockets, which were no sooner let off than the Ashantees gave way, and fancied the devil was getting amongst them as Congreve 's rockets fell. At this time, too, the whole of our allies—the Fan tees, and some of the Assins--fled to a man, which encouraged the Ashantees much ; but a staunch friend, the King of Akem boo, who resides near the Aquapian Hills, came up, and decidedly turned the day in our favour, by taking the left flank of the enemy, burning their camp, the King's luggage, and destroying all who came near, without sparing age or sex. At this time the head of Sir Charles M'Carthy was taken amongst the King's luggage, wrapped up in double foltlings of paper, on which were written some Arabic characters. It was then folded up in fine blue silk, and finally sewed up in a tiger's skin. With the exception of that brave man, ()nestle Atnanque, not an other of our Chiefs fell, and but one or two wounded, amongst whom were Abaguy, Amanque's brother, who was shot in the leg, fighting with him. The Ashantees lost 22 head men, left dead in the field, and 12 severetywounded. The prisoners are numerous, and amongst them is a fine boy, the young King of Karanaa. There is a report that Osaye (the King of Ashantee's name) is dead of his wounds; but I rather imagine the report is premature. The total loss of the Ashantee King is, at theleast, 6,000 killed on the spot, and 2,000 wounded, besides prisoners. Ours is severe, certainly ; but when the superior force of the enemy is taken into consideration, it will not be thought so much of. It is ascertained to be 800 killed, and nearly 2,000 wounded. The African corps had four men wounded. Amongst our prisoners is a lovely creature, one of the King's wives, about 18, elegantly formed, and far advanced in her first pregnancy. I went to see her at the house of Mr. Richter, (who is wounded in the thigh), and found her weeping bitterly at the defeat of her sable lord. However, after chatting some time, she was more composed, and will, I dare say, do very well. We have been favoured with the perusal of a pr vate letter from a Naval Officer of rank on the Coask of Africa, which describes, in strong language, the extent to which the Slave Trade.is carried on by the Spanish and Portuguese vessels in the Bights of Benin and Biafra. Instead of the miserable class of vessels which formerly came for slaves, large brigs and schooners of superior dimensions, well fitted, well maimed, and, in every sense of the word, well adapted for fighting, are now employed in this detestable traffic ; and the writer of the letter states, that if we are serious about the Slave Trade, more ships of war must be sent to the African station. A beautiful Spanish schooner, called the Nicanor, with 176 slaves on board, bad been captured by the Hope, tender to the Maidstone, commanded by Lieut. TUCKER, second of that ship, with a complement of thirty men. On the 6th of September the Hope was ordered to scour the Bight of Benin, and examined more particularly Lago, Whydah, and Badagry. At Whydah there were no less than twelve vessels wait ing, for , slaves, and for the yam season, and to take in their provisions;' and one of these, a fine large new brig of 287 tons, and having on board 587 slaves, was captured by the Hope, after a gallant action of two hours and a half. The following is an extract of the letter, giving an account of this spirited affair : One of those vessels (a fine brig of e7B tone) h a d just come over from Rio Janeiro, with her water filled, slave-deck laid, and farinha and yams on board. 'She was by her papers allowed to take 701 slaves. After examining her papers and hold, Lieut. Tucker was sure she would be oil in the course of a day or two, and, running out of sight, placed himself in a situation likely to pick her up. As he inspected, so it turned out, for the schooner was no sooner out of sight, than the monster who commanded the brig took on board, in the course of three hours, her inhuman cargo of these poor ill-t re at e d, heart-broken, unoffending slaves, and put to sea with them, amounting, in men, women, and chil dren, to 587. The next morning Tucker saw her, not far off, and, after a Aare of QS hour s , b egan an action wi th her, which was severely contested for two hours and a half, when the Hope, having two of her guns dismounted, Tucker made up his mind to board the brig, he being at this time slightly wounded. Under a fine young man, a Mr. Pengelly, who headed the boarders, a sharp contest took place ; but the rascals otPortuguese, not much liking close quarters, and the rough manner our fine fellow, treated them - , called for quarter, and laid down their arms. Pengelly was shot in the side in boarding, but went on. The brig had 13 killed, and 12 wounded ; whilst, thank God, our schooner lost not a man, and bad but Mr. Tucker, Mr. Pengelly, and one seaman, wounded. Five hundred and eighty seven slaves were captured; but I regret saying, three of these victims to Portuguese infamy were killed, and 11 wounded. The brig had nine heavy guns, with a complement of 76 men ; whilst our schooner h a d b u t (Officers and al)) 26 men, and five guns. This I hope and trust will give promotion both to Tucker and Pengelly, as a larger number of slaves was never before taken, or even a vessel of such a size, being 287 tons (American), only 11 months launched, and cost 40,000 dollars. She is gone up to Sierra Leone, where by this time, I pray. God, the slaves may be all landed in safety. ~..,.....------- CORN-EXCHANGE.—(Tuts DA V). The mark e t is almost in an inexplicaWe pate, the supplies fresh in being unusually small, and the trade for . every article being ex tremely t Barley de is almost s tagnant . Beans and Pea se are ver y d ul l . the t rade t d r r emely dull. W heat may he reported at the same prices as Mon andsis the only article of which the re is a lar g e arrival, at rather les s ' thing prices than on Monday. In Oats s c arcel y t iny - , doing , anti Prices hardly as good as Monday. ARRIVALS. Eno,Ba .. h ...................... 10100 q 1 I,4(X)ge e . - ,850 qrs. hien ......... ....... Foreign: ... .. ........ . ........ Oats. Flour. tal qrs. 2,470 scksi. 1, ••••••••• HAY It IARKETS.—Dgc. 5. (At per Load of 36 Trusses.) ST. JMES'S. Lowland Meadow HaylS 4 1 1 0 0 to 5 4 1 0 0 can= .. 14 10 to 6 6 110 112 Upland Ditto 112 l i° Rye-grass Hay ... 4105 10 Wheat Ditto New Meadow Hay .... 4 5 5 5 SMITHFIELD. Lowland Dit Meadow to Hay f 3 oto 4 0 Clover H a y genera ll y £4 sto 5 IS Upland • 1 1 1 ° Rye-grass Hay .... 4 0 5 0 Oat Straw New Meadow Hay . :3 15 415 Wheat Ditto llO 1 13 Supply floado vicl WO go, at ligtuidara prim THE FUNDS. ' CITY, (This Day), Twelve o' Clock. Consols opened this morning at 844 1, and have since been depressed to 841, alternately buyers and sellers, and transactions of a limited nature. Mexican are firm at 701 i; Colombian Bonds have improved a shade, in consequence of the intelligence which has been received this morning through New York, of the peaceable disposition of the people in Venezuela, and the proba bility of their differences with the Bogota Government being adjusted without recourse to arms ; a federal government seems likely to be agreed on by all parties. There does not appear a word in•the Caraccas Papers about remittances for a dividend on this Stock, not even a report on the dollar subject. The country seems in a very distressed state, and unable to meet the expenses of the Government, without thinking of their foreign debt ; prices have, however, advanced a trifle, and the Bonds are 381 9; in the other Foreign Securities little doing. In Schemes, Real del Monte have risen to 130 50 pm. ; Brazilian Mines, on the contrary, are lower, and are now quoted at only 9 11 pm. ; Co lombian Mines are 11;12 per Share ; and Tlalpuxahua, 50 60 pm. Three per Cent. Consols, shut ; Ditto for account, 84/ ; India Bonds, 35 7 pm. ; Exchequer Bills, 17 IR pm. FOREIGN FuNns.—Brazilian, 65 6; Buenos Ayres, 63 5; Chilian, se 9 ; Peruvian, 33 5 ; Colombian, 1824, 381 ; Mexican 5 per Cent., 581 91.; Ditto 6 per Cent , 701 ; Danish, 62 1 ; Portuguese, 75 1; Greek, 19 1; Russian, 861 7; Spanish, 121 13. Mines.---Anglo Mexican, 32/ 30 dis. ; United Mexican, 71 dis. ; Real del Monte, ISO SO pin. ; I3olanos, 100 10 pm. ; Tlalpnxabuo, 50 60 pm. ; Brazilian, 911 pm. ; Bolivar, 11 pm. ; Colombian, 1 112 per Share; Australian, 11 13 pm. Two o' Clooh. tionie considerable business has been done within the iast two hours in the British Funds, and the Bulls have made souls bold attempts to raise Console, without having, however, succeeded better than advancing them to 844 the opening price, for the account ; India Bonds and Exchequer Bills steady, the former at 55 7, the latter 17 18 pm. ; Mexican Bonds are very firm at 70i I; Colombian, SEli ; Brazilian Mines seem heavy and the premium is reduced to 91., 91. 10s. ; the brilliant prospects whieh were held out seem to have vanished, at least for a time. THREE 0' CL OWC Three per Cent. Consols for account, 84# FOUR O'CLOCK--CLOSING PRICES. Consols Danish Bonds 61i Do. for Ac. 84 Greek Do. 1825 19i Brazilian Bonds Mexican Do. 1825, 70 1 Buenos Ayres Do. 64 Peruviab Do. Chilian Do. 38* Russian Do. Columbian, 1824, 381 Spanish Do. 13 SHIPPING INTELLIGENCE. LLOYD'S.—(Tms DAY.) LIVERPOOL, Dec. 4.—The St. Patrick steamer took fire last night in the Brunswick Dock, and has received considerable da mage. The Grand Turk, from Virginia, filled with - water, and still remains on shore. The Bolivar, from New York, has had six feet water in her hold, and is still on shore, cargo discharging. The Nimrod, from Penang, is still on shore; she makes very little water ; lighters have been sent down to her' to receive the cargo. The Liverpool, Gowan, from Liverpool, for Dundee, is on shore near the Ormsheads. DEAL, DE('. b.—Wind W.N.W. to W.—Remain, the New York packet, Crosbie, torn London to Jamaica ; Sisters, Carr, from Quebec; Frederick, Hall, from ditto; Columbus, Brown, from Bengal ; Neily, Pottinger, from St. John's ; Lotus, Barnes, from Quebec; Sir C. M'Cartby, Thomas, from St. Kitts; Lon don packet, Purvis, from Faro ; and Simon, Forester, Meek, from London. The American ship Factor, Floyd, for Londo'h, arrived in the Downs this afternoon, with loss of anchor and cable, having hefore daylight ran down and sunk a schooner, from London to Newhaven. GRAVESIND, Mc. s. —Arrived, the Britannia, Willock, from Lisbon ; Waterloo, Blackler, from ditto ; Fairy, Brewis, from Hanover; London, Runbeck, from ditto; Ninus, Gibbs, from Palermo; Feuwick, Iverson, from Petersbtirgh ; and Thomas, Lewis, from Jamaica. Sailed, the Latona, Lovie, for Demerara ; Hudson, Avery, for New York ; Prince Regent, Taylor, for To bago ; Robert, Bathgate, for Montserrat; Reliance, Phillips, for Jamaica; and St. George, Brown, for Grenada. LAW INTELLIGENCE. VICE-CHANCELLOR'S CO U RT. —( Tui a DA r.) ',ALL A. ROOK 11. LONGMAN AND CO. V. DVODALZ. An injunction was granted to restrain the defendant horn printing or exposing for 'ale any copy or copies of the poe►u of La la Rookh, upon the affidavit of the plaintiffs that they had the exclusive copyright of that work. COURT OF COMMON PLEAS—(Tats DAY. ) WIM V . NAST. This was an action for assault. The Jury found for the phi] :if—Damages 40a. COURT OF EXCHEQUEIt—(Tms DAy.) Sitting. in Nisi Prius, before the Loan CHIEF BARON. LIBEL IN THE " TIMES" IN THE CASE OF THE IDIOT SMITH. 5111TH V. MUNE. This was an action for libel against the editor of the Times newspaper, by the brother of the idiot George Smith, of Muckle tone Wood. The libels complained of were published in the Times of Fri day, February 10, and Friday, March 9, in the present year. Mr. CAMPBELL addressed the Jury on behalf of the plaintiff. The libels were taken, the tint from the Salopian Journal, the second from the Birmingham Chronicle. They were of the most dreadful description, and, when published •by such a paper as the Times—a paper that was conducted with groat talent, and which generally had the credit of great accuracy— when published in such a paper as that, so much the' greater was the misfortune of those who bad been libelled by it, as its talent and its accuracy obtained credit for the libels with every person who read them. The libellous account in that paper could not be read by any person without indignation against the perpetrators of such cruelty. It must be the subject of conversa tion of almost all persons, and among them the Juries and the Judges; and though our Judges were men of the strongest minds, and less likely to be influenced than any others, yet they were but men ; and the Learned Counsel again stated hie conviction, that no person, however great his experience, could read, or hear of, such a statement as that published in the Times without the strongest feelings. The Learned Counsel then read the libel, which was.as follows CASE OF tIOR RID AND BRUTAL. ATROCITY. (From the Salopian Journal.) "In giving the following outline of a case of unheard-of and un natural cruelty, we suppress the names and residence of the liar ties, as the case is in a train of legal investigation. A brother and sister reside near the northern border of this County, whose father died about fifteen years ago, leaving seven children, four sons and three daughters; one of the sons, was, unhappily an idiot. The father,. by his will, bequeathed to the brother and sister, the sum of 1,5001. in trust, the interest thereof to be applied to the maintenance in the most comfortable manner, his unfortunate situatiou would admit, of his deranged child. Immediately after the death of hie father (as is alleged) the poor idiot w:.. locked up in a small dark room in the house, where he was daily fed like a swine, through a small aperture in the wall, for a series of years. About eleven years ago the brother and sic ter gave it out that their unfortunate brother had died, and was buried at a distant plat*, in consequence of which the family went into mourning for him. T he brother and sister then spread a report that their h ouse was haunted, in order to deter persons from visiting it; however, a servant girl, who had been with them fourteen years, left them a few days ago, and went into the service of • Magistrate in the neighbourhood, and communicated the above circumstance. The Magistrate took i mme di ate s t e ps, and, with a constable, he went to the house, and requested admittance. This being re fheed, h e h unt open th e door, and found the unfortunate object of their search in a place of total darkness. They procured a light, and discovered the miserable victim of atrocious penury crouching in a corner of the room, his hair had grown all over him to the length o f t h ree or four inche s , he was b ecome qu it s deformed, and shrunk to little more than a yard. in height —When his father died, he was iu person a well-made and tall young man. Blankets were procured to place him in, but when the constable went to wrap them round him, he sprung at litm and bit him in the cheek, making a horrible and unintelli gible noise. Us was, however, brought down stain, and con veyed to the Staffordshire Lunatic Asylum, wh ere b e at present remains." 4 After finishing he made some powerful and severe remarks upon it, On siteh a libel as this being published, it was well known what Ives the anxiety ofevery person to discover the names of the persons alluded to by it, and he (Mr. C.) contended that every person who had read it, and was acquaiuted with the pliiiitifir must know that it alluded to him and him alone. It was rapidly Scarlett) would waive his objection if his Learned Friend vroul distributed among those who did not know it, which made it im- i put in a f u ll account of the trial. possible for the i n j ure d i n di v id ua l to h o ld up his head in any 1 The Cuter Barton knew several instances of such publics. society. Every one was interested in reeding and discussing an : tinns being admitted, in order to show the malice of the partie account where a brother had been so inhuman as to lock up another ' or the quo animo. brother in a dark room, and instead ofnourishing him like aChristian, Mr. SCARLETr said that publications subsequent to the alleges' caused him to be fed like a swine ; who had kept him in such a libel might be admitted for the purpose stated by his Lordship, state of filth and nudity that the Constable could hardly enter the providing,they took place anteriorto the bringing of the action, room for the obstruction of the filth, and that the hair had grown but not what appeared subsequently, as the latter would form a all over the body of the unfortunate idiot to the length of several subject of a separate actio n , inches from suffering in a state of nakedness, and that when the The Cone Berton would not allow the paper to be g iven in constable w eu t t o cover hi m w i th a blanket, he flew at the latter, evidence, but w ou ld g i ve t h e parties th e benefit of it elsew here, if bit him in the cheek, and made an unintelligible noise of a horrid they thought proper. description. Such an account would raise the publication of a This was the snarl fur the plaintiff. paper to the greatest degree. Everybody would run for a copy of Air. SCARLI TT a dd resse d t h e Jury for the defendant, thous} such a lib e l, an d h e (M r . C.) much questioned whether any damages he should admit that his Learned Friend, Mr. Campbell, wee al they could give would amount to the profits which such an injury competent as any other in the profession to manage this case, yet on the plaintiff would bring to the Paper by the in crease d sale and he looked on his elaborate statement and evidence taken together circulation. Not content with publishing one libel, they shortly to be like the fahle.of the Mountain and the Monst, much ado afterwards published another on the.loth of February, professedly about nothing. From his Learned Friend's statement he ex as a correction of the first, but so far from being an apology or a petted that a dozen witnesses at least should be examined to correction, was in fact a confirmation of the first in all the mate- prove the facts therein mentioned ; but to his great surprise vial facts, a n d an a ddi t i on o f more lib ellous matter, which conside- lie brought only a single witness, who proved nothing. rably inflamed and aggravated the case. They then stated the His Learned Friend had stated that the 'publication complain - unfortunate idiot h a d h a d hi s thigh broken, and that it had been ed of contained a picture an extravagant as outraged probe left to reunite by itself. Such - atrocity was not to be equalled bility, and that if represented in the form of a tuelo-drama in any record; it was, for the honour of human nature, not to be on the stage, it abounded with such absurdity, that it would be equalled even in fictions, and if a person Was to -make up classed among the same specks as the " Fairy Tales." Yet, not e melo drame, or write such a scene of horrors in a romance, he withstanding its inconsistency with probability, notwithstanding would be blamed for bad taste, as it was too atrocio us e v e n for that it was of such a character, that no person could believe it, the stage. Another fact to which he begged leave to draw their his: Learned Friend had stated, that his client's character has attention was the one stated in the libel, namely, that it had been been ruined by it ; but with respect to the real merits of the case, given out by the plaintiff; that the unfortunate idiot had died and he adinitted,with his Learned Friend, that when a publication was been buried at a distant place, and that the family had gone into likely to excite prejudice, or to inflame the passions, the partieulat mourning for him. Such a falsehood would make all who r e ad details of a case ought not to be published in a paper which it shudder. The Learned Counsel then read the second libel, circulated in th e ne i g hb our h oo d, f rom which the Jury was to be which was as follo ws :.-•.. taken to try a cause relating to the subject of that publication, but BARBAROUS ATROCITY. he would not go far as to say that Editors of Newspapers should (From the 15'irminghani Journal.) refrain from all remarks on subjects however atrocious, that were " The account of an atrocity discovered on the borders of likely to come before a Jury. If his Learned Friend's doctrine were Shropshire, as copied into the Birmingham Journal from another true, an editor of a newspaper would be liable to be indicted by any paper, is not, in all its particulars, quite correct. The cir- thief or robber in the Old Bailey for noticing his committal, if his cutustauce is no secret, since it is made the general topic of trial were to take place at any time after such notice. It would conversation throughout the neighbourhood. Muckleston -wood be very dangerous to lay it down as a rule that the preen is situate about a quarter of a mile front the Loggerheads pub- should refrain front ex-parte statements in all tonne lic-house, at which the two turnpike roads front Eccleshall though ho (Mr.' Scarlett) would admit that in several to Woore, and from Newcastle to Market Drayton, cross each cases such statements would prove injurious. He agreed with other; and the house which is large, and of respectable appear- his learned friend, that libel, which affected the honour and once, is inhabited by two bachelors and a maiden sister, of the character of individuals, whereby they incurred damages, name of Smith, and the lunatic is Stick elder brother. The corn- were fit subjects for actions, though the libellers did not munication was first m a d e t o a M r . Eld, brother of the Ma- know the individ ua l s , an d consequently could not be gistrate of that nam e , an d h e , w i th the Reverend H. D. influenced by ma li ce; h e admitted this to the Oiliest ; Broughton, a Magistr a t e i n t h e ne ighb ourhood, accompanied by extent, providing damages resu l ted from such publication the constable of Aluckl es t on , b ro k e i nto the garret where the but no such thi ng a p peare d i n this case, there w as no t a tittle of lunatic was confin e d. Th e (try w hi c h h e uttered, on beholding evidence to chew th a t th e p l a i nt iff h a d sustained any damage by the light, was that of h orror; b ut i t d oes not appear that be bit this publicatio n . Th e p l a i nt iff h a d b rought actions and recovered damages fro m t wo newspapers, wh i ch circulated, in his own the constable. Ind ee d, suc h was t h e stench that issued from the room, that the p ar ti es cou ld not enter for some time, neighbourhood wh ere h e was k nown and was likely to sustain and when they did so, it was by ascending a pile of filth, which an injury from the circulation of such a report, with had accumulated to more than the height of a foot. His body i s that he outtht to be satisfied, as this was no more than ais re not overgrown, as a b sur dly s t ate d i n t h e papers, but his b ear dpetition of the i saine lib e l s . H e (Mr. Scarlett) could net sub scribe to die doctrine l a id d own b y hi s L earned Friend, that by about five inches lo ng , hi s h a i r h angs a b out his shoulders, his nails have grown t o a p ro di g i ous l ength, as from a con_ law, a person might i n di ct anot h er for a libel on a MAD who was dead. filsernent of fift een y ears may b e reasonably supposed. As long as he (M r . S.) b reat h ed, b e would oppose such a doctrine. Prior to the time of incarceration he was so far rational as to If any man were to quote a paragraph out of Home's History of drive the cattle and do errands, and could give a direct answer to England, reflecting on the character of any of the ancestors of the Jury, according to th e p r i nc i p l es l a id d own b y his Learned Friend, any plain question, tho ug h h e now seems to h ave lost the powers of speech a n d reason ; hi s sense o f h ear i ng, however, has been the man quoti ng suc h a paragraph, would be liable to be indicted by any o f the posterity of such ancestors as a libeller, proved to continu e , by exper i ments ma d e s i nce his removal to the County A.yl unt at S ta ff or d . The poor creature was the doctrine was t oo a b s u r d to be entertained f or one moment. found in a st a t e w hi c h may b e c onsidered equivalent to The law respecting suc h su bj ects was t hi s, i f a man spoke words nudity, and w as una bl e to walk erect ; his thigh has (in themselves ac ti ona bl e ) respect i ng another man, which he said he been broken, and h as b een perm i tted, it is supposed, to reunite had heard from a third p erson , if h e b a d really heard such words frotn the third person,h e was not li a bl e to an action for having spoken them dered his situati on more d ep l ora b le, as he cannot have had any , of its own accor d ; . t hi s c i rcumstance must have ran if he could not p rove th at h e h a d heard them from that -third means of procuring sustenance, but that of receiving the provisions person, he was subject to an action. With respect to the libels furnished by means of a slide inverted in the partition or wall. in question, the Editor of the Times gave them as quotation* from " Mr. BROUGHTON, with becoming humanity, has exerted other Papers, and not as true, or that he believed them to be true, himself to obtain for the lunatic the highest legal so that if the plaintiff wished to punish the anthers of them, advice and protection ; and it is generally understood he had a full opportunity' of doing so, but be ought not to seek that his (Mr. Broughton's). conduct is likely to afford matter for damages front an innocent party. If the Jury were of opi the prolific genius of Mr. Charles Flint, the confidential friend of Mon that the fact of their being quotations did not protect Lord Stafford Cooke. Such are the correct particulars of a case them from being libels, the only question then for their which, to say the least of it, has filled the county of Stafford w i t h consideration was , th e amount of damages. It could not astonishment." be endured that Mr. Smith, who recovered Images from What Mr. Scarlett could offer on the part of the plaintiff, he newspaper proprietors in his own neighbourhood, shenld also re (Mr. Campb e ll) cou ld not i mag i ne, but there were only two cover damages for th e p u bli ca ti on o f the setae libels in London. courser to be pursued. Perhaps he might call witnesses ;if so, be Was he not sufficiently recompensed by the damage* which he had (Mr. C.) would have the honour of replying. If he did not, already received? The fact was, this action did not originate and depended for the excuse and palliation of such atrocity on with Mr. Smith ; there was a clam of persons who gained Flint, th e pl a i nt iff' s attorney, should not also bring. actions theit livelih oo d b y suc h act i ons, lie raw no reason why Mr. cautioned the J ury aga i nst hi s superior eloquence. Tlie plaintiff ingenious ob servat i ons , and an eloquent speech, he (Mr. C.) had proceeded in the fairest manner; instead of an information, against all the papers in England, and foreign countries which he had entered an action, which gave the defendant an op- copied the same paragraphs, for though he might not recover da portunity of justifying, and, by the laws of England, any per- mages, he would be sure to have his costs, and if any newapeper son who proved the truth of such libel could not be liable to heavy should publish the remarks which he (Mr. Scarlett) ha 4 now made damages. He had not, however, taken that course, but had respecting Mr. Flint, he would not wonder if Mr. Flint would bring pleaded the general issue, by that means admitting that the libels an action against it. The Learned Counsel having indul were false. Perhaps his Learned Friend might say that the de- ged in a long eulogiu . i on the manner in which the rimer fendaut had no malice. But was that any compensation to the Newspaper was conducted, submitted to the Jury, that notortunate plaintiff ? It had been circulated in every part of the considering that these paragraphs were only extracts from Empire, and pr o b a bly i n every part of the world, in every lan- Country New s p a p ers , an d that the defendants could not be guage. When a libel was published in a country paper, it circa- influenced by malice er any other unworthy motive in pub hated round the spot. where it was published, and was beard of no belting them, and Old the plaintiff had already recovered more; but when rep ea t e d b y suc h a P aper as the' Times, it was sent to damages for the same publications, (if they, the Jury, should be of opinion that th e P l a i n tiff was at all entitled to a verdict,) they every country, and the pe rson lib e ll e d was h eld up in all parts of the should give no mor e th an nom i na l d amages, as that would satisfy world as an atrocious o ff en d er , an d a b used i ndignantly by all who knew him, or by all who he ar d o f hi nt . If h i s Learned Friend the object for which th e act i on was b rought, namely, the attor- pleaded tha t it had been taken from another paper, the Jury must "Ys coats. consider whether the we ll-k nown and generally considered ac- The Loan, Cum B ARON t h en charged the Jury. lie eb served, that the f ac t o f t h e d e f endant not having justified, con. curacy of the Times wa s t o con fi rm a lib el published by another, vexed an admi ss i on th at t h e lib e l s were false. He had no doubt, calving the pu n i s h men t j ust l y d ue to such an act of in comparatively insignific a nt P a p er , w i t h all i ts weight, without re from the testi m o n y o f t h e w i tness, that the libelerapplied to th e justice, sending it as t rut h to the world, to the ii re plaintiff. He th en rea d and commented on the strongest parts of the libels, °Nerving, that they wer e o f th e most atrocious tie parable injury o f hi s un f ortunate c li ent. The Counsel then called scription. A charge made against o ne b rot h er for cruelty Thomas fling, who st a ted th a t h e k new the plaintiff, Mr. William Smith ; he was a farme r , an d h a d l i ved at Mucklestone to another was p er h a p s t h e most severe that could be Wood all his life ; knew the libels applied to him, made, and, if false, deeply affected his char ac t er . H e considered Cross-examined by M r . S cene rre.—Knew the lib e l meant. 1,-usnthat-tehme greatest enemy to th e Lib erty o f t h e Press was its liven- and an individual mi g ht as we ll l ay his house open to Wm. Smith a n d no t hi s b rot h er , b ecause Win , was the master o f burglars, as not rep e l an d punish libellous charges of this dee the house—th e r e are t wo b rot h ers li v i ng i n the same house; peo ocription. It had been said th a t it wits no offence to gi ve c h arges plc in London would no t k now th a t i t applied to William Smith. Mucklestone Wood w as t wenty m il es f rom Stafford, and thirty from of this nature a m ore extens i ve c i rculation, because they had been Shrewsbury. Only tho se p ersons li v i ng near the plaintiff would originally publi s h e d i n another and inferior journal. The know that the libel appli e d t o hi m . H e first saw the paragraph ntere repetition was an o f fence to God and MU. It in the Times yest e rday ; h a d seen time libel in th e country papere; MS well k nown t h at the Times had a great ~iicalation, but could not say e x ac tl y w h en l ie f i rst saw them, and he considered it a very respectable paper. lit that view therercee it was an a ggravat i on o f the offence. It was lending Mr. Scant.trr here tusked the whom if he had seen the libels in the Salopian J ourna l, an d t h e Birmingham Chronicle Y its weight t o th e most i n j ur i ous libels, which would gain credit with all who read th em , b y t h e great conf id ence placed in the ge- Mr. (ItXtPREL L obj ec t e d to this question. It would he giving neral, accuracy of that Paper, which would not be the case, ifpith parole evidence of its having been published in other Pa en. d k i itutteoh petyahpeenro,tandwsonit; fill lished in a Paper notorious for libels. Was it nothing to re-publish Mr. Scatterer replied, that Ids Learned Friend had tnede in hint itch a libel in the Times, which had a more extended circa! ti t the opening a great many observations, which were new to (Mr. Scarlett ) in the present case; and he intended by crass -exa- any other Paper? then ' never either seen or read the Sulopian Journal. It wee not tak P eti leB 4 " t en would be,e initiation to meet them. ' , enough for them to say that they bore no malice towards The LORD CHIRP* BARON observed, that, if Mr. Scarlett wished to prove the transcript of time libel from other papers, it that Plaintiff , would be more regular to produce the original paper. m i i the i l t n y i t d t u u n duty to o ai n htplaintiff. themselves favt nTo t itm f e taoint its e il l the av l l n p u g u s l been icl deserved, such unmerited calumny. The t' h pu nish , asl Journal, but to estimate the injuries sustained by the plaintiff' and that fonn t 1 ; 1 e r a e n i d ve t te e the damages that would compensate for such inj o ns in tie t e h- . * Sal*:' 4 w i t t IL ; S w c A i th e t. e x o T i r is then i(lla b p i e u t hesitation,lais qu tt io n ati in sw a e n r o e t d hei• such papers as the Salopian Journal and the Birmingham The Jury retired at half-pen twelve o'clock, 'and remained in Chronicle; hut that the plaintiff had never complained to him about the libels in those papers. Mr. Smith had never told hint l i d la h m i l a r zwagthaiiongstaboonue,t it. Witness s th g e a t iwi h t e th h e deliberation until five, when the CHIRP BARON came into Court, knew him well and lived about a mile and a half from him ; had and sent for them to know it ' he could be of any mistime e to frequently taken tea with him ; but had never mentioned any Fyn ' thing to hint about those trials. Mr. Smith told him to come into 4 : i th r e e r c r h e a r d M ne 4 v o er o t l o . The Foarmart said that ten of them agreed to give 5 " rdit ' t that box, but did not tell hint why ; could not say when he had for the plaintiti—llemages One Farthing; but that the other two first read those paragraphs, whether it was since he had come to were sticking out for Ten Pounds. town ; knew when he visited there that George Smith was in the Mr, PLAIT, CU the defendant, reward a verdict for 67., to house, but never asked to see him ; did not like to intuition the which Mr. Talfotudagree d on ballad the plaintiff. subject to the family. (This witness, in giving his evidence, Ire. for quently hesitated some minutes before he would give an answer,) 1 the plaintiff—Dann.* A verdict was accordingly rerordet . • the plaintiff told me th a t the actions which h e b roug h t aga i nst Five Pounds, the other papers, were tried in Gloucester, and that he received damages, but he did not tell me to what Amount. I never saw George, the brother of the plaiutiff ; I did not know where he was, but 1 read from the newspapers that he was kept in darkness ; I did not ask to see him ever, because I did not wish it ; I often enquired how he was, and they said very well; I saw th e room he was in after lie had been taken away ; there was a window iu it. I have never talked with the pl a i n tiff respecting a full actxmnt of the trial against the other newspapers having appeared in the Times. William Smiths never told me that he received 2604 from other newspapers to refrain from prosecuting them. Mr. CAUPSILLL now proposed to put in evidence the Times of the s t d August, containing a paragraph libelling th e Plsintiff, Judge, and Jury, who tried the former trial. - - - Air. SCARLETT had no objection, provided he put in what in candour he was bound to d o , t h e Times newspaper - which con tained a full report of th e t r i a l ; otherwise 1 subm itted that the plaintiff had no right to put in evidence any thing "' eh "" curred subsequent to the time at which this action was brought, because that might be it subject of another action, but still lie (Mr. . The extensive library of Dr. Parr has beam removed ro m hie holm at Hatton, near Warwick, and is now in L on d on . t Will be *old by auction, but not during the present year. MAsatIENADE.—A Grand masquerade took p l ace sst f i t at the King's Theatre, which was w i ll attended, cor. , aide ring the disagreeable state of the weather. The waivers en iffed themselves con (more, to the great s omeement of the epee. 'atom The favourite character of " Buy a broom," was NO gm rid among the sprightly fair, MI at one time to threaten a clear sweep of the Plage, by throwing love's dust into the eyes of the beholders. We are prevented by want of room from giving any particulars—but every thing went off painting well, Boxtria.-The fight between Sharpe end Gaynor soak place yesterday, five wiles from St. Albans, when, aft er a revere fight (78 rounds) of one hour and ten minutes, Sharpe was proclaimed the conqueror. A full account of the Male) for want of rvum, we mud defer giviiig tin tcleurrowe